“His children’s lives were at risk” MP’s mother-in-law vowed”
The ANC MP, Sibusiso Kula (34), was denied bail in the Orkney Magistrate’s Court on Tuesday. He is accused of stabbing Jennifer Mohlomi (31), his wife, at their marital home in Kanana, North West in November last year.
“The children’s death was lurking. I am happy that he was denied bail. He is a dangerous man. He ill-treated his wife and children. His children’s lives were at risk,” stated Mamonyane Mohlomi, Kula’s mother-in-law who further claimed that “he had once attempted to murder his o spring. He threatened to drive his car carrying his children o a bridge.
He has a history of violence. We are happy with the court’s judgement, Kula must remain in jail until his case is ¬finalised. He killed my daughter.” Mohlomi said. Mohlomi also added that she feared Kula and that his children were taken away by social workers and are currently residing with a relative in Rustenburg. “We all want to know why he killed Jennifer. I don’t think he will even apologise should he be convicted. He is arrogant and not remorseful,” Mohlomi added.
In her two-hour-long judgement, Magistrate Liesl Estherhuizen said the threats that Kula had wanted to kill his children and later die by suicide were severe. Estherhuizen also viewed Kula to be a flight risk. The court also established that Kula was also allegedly seen committing the offence.
“When making its decision, the court should look at the nature of the charge, the strength of the case against the accused and the punishment to be imposed should he be convicted,” Estherhuizen said. “The court looked at his travels overseas and his friends across the border. The inducement to abscond is real. Eyewitnesses positively identified him, according to the investigating officer. He may flee the court and the country. He failed to discharge the onus disposed to him that he won’t flee and abscond trial. He is likely to influence, intimidate witnesses and tamper with evidence if granted bail,” she continued.
Esterhuizen also stressed that there is a likelihood that Kula would undermine and jeopardise the justice system’s proper functioning, including the bail system. "There is also a likelihood he could undermine and jeopardise the justice system's proper functioning, including the bail system," she said. She added the court had noticed the outrage displayed by the public.
"Even though the court can't be held ransom by the public, it must consider their outrage. The catastrophic gender-based violence (GBV) remains a human rights issue. It requires careful analysis. There is a probability that public peace and security might be disturbed if he is released on bail." added the Magistrate.
Esterhuizen said Jennifer had obtained a protection order against Kula prior to her death, and their children survived on social grants. "He testifi¬ed that he was the sole breadwinner of his household. He mentioned that there were disputes between him and the deceased, and one involved child maintenance and such conflicts were resolved with consensus and not through the court," she added.
The prosecution claimed Kula abused his wife and their children. "The State claimed there was a time when he took the children by force from the deceased and threatened to kill them and later himself. The children were once moved to their maternal grandparents and couldn't be in that [toxic] environment," Esterhuizen said.
"Currently, their children have been taken away by social workers. The State has a strong case against the applicant. The court is not satisfi¬ed proving exceptional circumstances for him to be released on bail. Refusal of bail is not to punish anyone, even if the charges he faces are serious. Refusal to grant the applicant bail shall be in the interest of justice. Granting of bail will not be in the interest of justice."
The court judgement was welcomed by the North West MEC for Social Development, Boitumelo Moiloa who stated: "We respect the decision of the court and its judgment. We have a challenge of GBV in the country. We are telling our communities not to be silent when they see something to avoid situations where victims are killed."
The social development department would continue offering both families psychosocial support. "We will continue maintaining his children. We have an interim court order saying the children must be placed with their mother's relatives." Moiloa said.